Meena Devi v. Board of High School And Intermediate Education, U. P. Allahabad
1980-09-17
P.S.GUPTA, YASHODA NANDAN
body1980
DigiLaw.ai
JUDGMENT Yashoda Nandan, J. - The Prayag Mabila Vidyapith, Allahabad (hereinafter referred to as the Vidyapith) formely had only one office situate at 106 (old)/153 (new), Hewett Road, Allahabad from the year 1946 up to 16th February, 1960. Thereafter a split in the organisation of the Vidyapith occurred and one organisation began functioning at Daraganj headed by Kai Ram Chandra Agarwal and another from the Hewett Road with Smt. Mahadevi Verma as its head. 2. The U.P. Board of High School and Intermediate Education framed regulations which provided that candidates who had passed the Vidya Vinodini Examination from the Vidyapith with advanced English were qualified to be admitted to the Intermediate Examination conducted by it. After the organisation mentioned above, regulations were framed entitling examinees, who had passed the Vidya Vinodini Examination with advanced English from Vidyapiths having their office at either of the two places within the period 1946 to 1964, to appear at the Intermediate Examination. The petitioner claims that she had passed the Vidya Vinodini Examination with advanced English with Roll No. 1192 from the Vidyapith which its office at 556, Daraganj, Allahabad. On the basis of an attested copy of the certificate issued by the office of the Vidyapith situate at 556, Daraganj, Altohabad the petitioner was admitted provisionally to the Intermediate Examination conduced by the U. P. Board of High School and Intermediate Education in the year 1979. She claims that she must have succeeded at the examination but the respondent-Board withheld announcement of her result. By means of a letter dated 10th October, i979, she enquired from the Board as to why her result had not been announced. By an order dated 14th October 1979, she was informed that her result had been detained because she was not qualified to appear at the Intermediate Examination, apparently since she had not passed the Vidya Vinodini Examination with advanced English from either of the two Vidyapiths The petitioner prays for a suitable writ, order or direction in the nature of mandamus directing the Board to declare her result of the Intermediate Examination for the year 1979. 3.
3. The petitioner's claim has been resisted by the Board and a counter affidavit has been filed wherein it has not been denied that candidates who had passed the Vidya Vinodini Examination from either of the two Vidyapiths with advanced English as one of the subjects till the year 1964 were qualified to be admitted to the Intermediate Examination. According to the counter affidavit, however, the entire records of the Vidyapith situated at 556, Daraganj, Allahabad, were shifted to the Vidyapith which had its office at 106 Hewett Road by the time the-petitioner appeared as a candidate for the Intermediate Examination and when enquires were made from the office of the Vidyapith situate at Hewett Road, a communication was received under the signature of its Registrar to the effect that the application forms and result-sheets of the Vidyapith with its office at 556, Daraganj, for the year 196i had been received there and that it revealed that in that year the total number of candidates who had appeared for the Vidya Vinodini Examination with advanced English was 1064 and that there was no mention therein that any candidate bearing the name Meena Devi with Roll No. 1192 had passed the examination. According to the counter-affidavit filed on behalf of the Board, it was inferred that the certificate produced by the petitioner was a forged one and did not qualify her to appear at the Intermediate Examination of the Board. 4. On behalf of the petitioner, the positive stand taken is that there was no merger of the office of the two Vidyapiths and that the records of the Vidyapith situate at 556, Daraganj, are still retained at its office at Daraganj. 5. Learned counsel for the petitioner has contended that enquiries, if any, made by the respondent-Board from the office of the Vidyapith situate at Hewett Road did not justify the conclusion that the petitioner had not passed the Vidya Vinodini Examination with advanced English as one of the subjects from the Vidyapith situate at 556, Daraganj. and that in the absence of any enquiries having been made from the Daraganj Office the action of the Board in declining to announce the petitioner's result was unjustified and illegal. 6. We have heard learned counsel for the petitioner as well as learned standing counsel representing respondent No. 1. 7.
and that in the absence of any enquiries having been made from the Daraganj Office the action of the Board in declining to announce the petitioner's result was unjustified and illegal. 6. We have heard learned counsel for the petitioner as well as learned standing counsel representing respondent No. 1. 7. Learned counsel for the petitioner has produced before us a certificate purporting to be signed by Sri Rai Ram Charan Agrawal which show that one Meena Devi daughter of Sri Vaidnath Bhattacharya had passed the Vidya Vinodini Examination from the Bhadohi Centre of the Vidyapith having its office at 556, Daraganj. Admittedly no enquiries were made by the Board from the office, if any, of the .Vidyapith situate at 556, Daraganj. The petitioner indisputably was not given an opportunity by the Board to satisfy it that her certificate was a genuine one and that its genuineness could be confirmed by the records maintained at the office of the Vidyapith situate at 556, Daraganj. 8. We consequently allow this petition in part and direct respondent No. 1 to declare the petitioner's result of the Intermediate Examination of the year 1979, if after due enquiries made from the offices of the Vidyapiths situate at 556, Daraaanj, as well as 106, Hewett Road, it is satisfied that the petitioner's certificate is a genuine one and she was qualified to be admitted to the Intermediate Examination. The Board will take its, decision after giving to the petitioner an opportunity to satisfy it that the certificate produced by her is a genuine one. In the circumstances of the case parties shall bear their own costs.